Legal Question in Credit and Debt Law in New York

Cancel Agreement due to Economic Hardship

I signed an agreement for TAE KWON DOE classes for my children, however due to circumstances beyond my control(Disability & Economic Hardship)I found that I can not afford to keep my children in classes, I wish to seek to get out of this agreement of tuition of 2yrs. At this point its almost at the point of collection. Early this year I had to file bankruptcy, to avoid other collections, but did not include this matter at that time. What can I do?

Cancel Agreement due to Economic Hardship


Asked on 10/22/03, 10:42 am

2 Answers from Attorneys

Guy Lewit Guy Mitchell Lewit, Esq.

Re: Cancel Agreement due to Economic Hardship

you don't state what the status of the bankruptcy is...is it still pending? Do you have an attorney for that proceeding? If you do he should be able to get you out of that agreement... IN a bankruptcy proceeding you have the right to avoid (cancel) any executory contracts (like newspaper delivery, cable service, tai kwon doe classes, etc.) You can amend your papers to include the executory contract (a contract that is still active) in order to cancel it...also, while you are in bankruptcy your creditors cannot take any steps to enforce any of their claims... even if the bankruptcy is over you can still go back and amend...check with your bankruptcy clerk.

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Answered on 10/22/03, 11:40 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Cancel Agreement due to Economic Hardship

I have great sympathy for your predicament. Disability is a hard thing. It pays little money and costs so much in pride. I am sure you filed only as a last resort.

The contract signed can be dealt with in several ways. The first question is: have you received your Bankruptcy Discharge yet? If not, it is easy to add this to your list (it is called a Matrix).

If your Bankruptcy has been discharged, you can still ask that this still be included. You may need an attorney to assist you. I would be happy to assist you for whatever you could afford (50$?),

There are other options. I would be happy to write a letter for no fee to the creditor to'scare' them off. This is a real option. By that I mean, sometimes it works!

My fax number is 718-729-2029 and you may fax the documents (the letters asking for money) to me for a letter to attempt to intimidate them.

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Answered on 10/22/03, 2:51 pm


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